§ 69-2. Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

ABANDONED VESSEL

Any boat or vessel which is not kept afloat so that it rises and falls with the tides or which does not have its lowest deck clear of the water or is not free of contact with the land below said mean high-water mark during a consecutive forty-eight-hour period.

ANCHOR OR ANCHORING

The attachment of or to attach a vessel to the ground by means of tackles designed so that when such attachment is terminated, the tackle in its entirety is removed from the ground and taken under the control of the vessel.

BOAT or VESSEL

Includes every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, and includes barges, tugs and tankers and shall include any aircraft capable and designed to land on the water.

CHANNEL or CHANNEL SYSTEM

Main channels and cross channels connecting with them as delineated by navigation buoys (placed by the United States Coast Guard or the Town of North Hempstead).

COMMISSIONER

Commissioner of Planning and Economic Development.

DEBRIS

Any loose material not attached to the land or to any structure and which is capable of becoming drift.

[Added 10-4-1983 by L.L. No. 8, 1983]

DIRECTOR OF HARBOR AND MARINE ENFORCEMENT

The person designated by the Commissioner of Public Safety as the manager of the Division of Harbor and Marine Enforcement.

[Added 6-29-2010 by L.L. No. 9-2010]

DISCHARGE

Includes but is not limited to spilling, leaking, pumping, pouring, emitting, emptying, seeping or dumping.

DRIFT

Any floatable material which may cause damage to vessels.

[Added 10-4-1983 by L.L. No. 8, 1983]

MOOR or MOORING

The attachment of a vessel to a pier or dock or other structure or the attachment of a vessel to the ground by means of tackle so designed that when such attachment is removed and terminated, some portion of the tackle remains attached to the ground and is not taken under the control of the vessel.

OIL

Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil.

OWNER

Includes the person under whose name the vessel was last registered with the United States Coast Guard or the New York State Department of Motor Vehicles or under the laws of another state, and in any case the last known owner or the person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

PERSON IN CHARGE

The person on the scene who is in direct responsible charge of a terminal facility or vessel from which oil or other pollutants are discharged when the discharge occurs.

POLLUTANTS

Include but are not limited to oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine and other hazardous or noxious material.

PUBLIC BEACH

A beach open to at least all residents of the Town of North Hempstead.

REMOVE or REMOVAL

Refers to the removal of oil or other pollutants from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including but not limited to fish, shellfish, wildlife and public and private property, shorelines and beaches.

SKIN OR SCUBA DIVING

Includes any person swimming with the intent to explore or photograph any waters or to hunt fish therein, using any self-contained underwater breathing apparatus commonly known as an "aqualung," but shall not include bona fide salvage or other commercial operations displaying proper signals.

TERMINAL FACILITY

Any waterfront facility of any kind and related appurtenances located on land or water, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or are capable of being used for the purpose of storing, pumping, handling, transferring, processing or refining oil or pollutants, including but not limited to any such facility and related appurtenances owned and operated by a public utility or a governmental or quasi-governmental body.

TOWN

The Town of North Hempstead.

Editor's Note: The former definition of "Harbor Master," which immediately followed this definition, was repealed 6-29-2010 by L.L. No. 9-2010. See now the definition of Director of Harbor and Marine Enforcement.

Amended 2-10-1998 by L.L. No. 6-1998; 10-22-2002 by L.L. No. 15-2002